1. TPTF Verifiable Cost Sub-group Summary Final Report 3/xx/2008 Jim Galvin- TPTF VC Sub-group Chair

2. Process  The VC Sub-group drafted a set of 9-principles to guide the discussions  Some principles identified multiple issues for which the group discussed resolving  Only issues that received consensus are brought forth from the group to identify as resolved  The group will report on items that did not receive consensus  Today’s report summarizes the group’s findings

3. Start-up and Minimum Energy- (Principle 1)  Verifiable Start-up and Min Energy Capturing Costs from Breaker Close to LSL (resolved) Including Shut-down Costs in Start-up (resolved) Recovering Start Costs when RUC is cancelled (by ERCOT) and Cost recovery during SPS  Rare occurrences will be noted in Protocols and cost recovery through dispute process Use of Auxiliary Equipment for Start-up (resolved)

4. Incremental Heat Rate- (Principle 2)  Verifiable Incremental Heat Rate Creating monotonically non-decreasing Incremental Heat Rate Curve (resolved) Actual System design will change a decreasing curve in MMS, setting a segment of the curve that is less than the previous segment, equal to that previous segment For verification of the Incremental Heat Rate, the submitting entity may utilize data from a Heat Rate Test, or Historical Data

5. Variable O&M (Principle 3)  Verifiable O&M Costs 10-year requirement for data/evidence of costs  For submitting entities who do not have 10-years worth of data, they may submit all the history they have Escalation rate will utilize the Handy-Whitman Index The Manual will reference types of Verifiable O&M; however, submitting entities will have the ability to submit O&M costs based on their formats and data sources (extremely difficult to create a O&M standard across the market) The VC Sub-group agrees with ERCOT in having a stakeholder group track O&M types and/or issues over the course of the Nodal Market

6. Risk by Resource Owners- (Principle 4)  Actual Principle that was defined: “ There is a level of risk that Resource owners take in the recovery of Start-up and Minimum Energy costs”  Some discussions centered around that there will be days when a Generator recovers costs and days when they may not  Some market participants requested that this Principle is not appropriate and is contrary to Principle 5  No systematic or procedural issues were brought up under this Principle

7. Make Generators Whole at Min Cost to Load (Principle 5)  The Over-riding theme throughout all discussions  No issues were presented under this Principle

8. Use of FIP and FOP (Principle 6)  Index pricing for fuel using Fuel Index Price and Fuel Oil Price was agreed upon by the group  Discussions around fuel costs during exceptional events, such as: Imbalance Fees Swing Costs Spot Gas (gas purchased at close of Day Ahead that diverges significantly from Index)  The VC Group agrees that cost recover mechanism will be needed for “Exceptional Events” that significantly harm a resource entity  Exceptional Events will also have to be defined

9. Emissions Costs- (Principle 7)  Submitting entities may submit verifiable incremental emissions costs for Start-up and Minimum Energy  All emissions costs were included in discussions  Open items around emissions The applicable rate for emissions costs was discussed as using Index or historical costs to come up with a $/MWh rate Some concern expressed about discussing opportunity costs as they are more complex than incremental historical costs

10. Prospective and Voluntary- (Principle 8)  The group agreed that the process was prospective and that only anomalous events would be considered under “Exceptional Events” for cost recovery  The current protocols reference a single RUC event as the trigger for a resource entity to be required to submit Verifiable Costs The VC group recommends that the trigger of the mandatory submittal for Verifiable Costs be 5 RUC events Recommendation relaxes the restriction for resources that are RUC’d infrequently and reduces the administrative burden on those entities and on ERCOT

11. Other Issues- CCP’s and SGR’s  Combined Cycle Plants may submit Verifiable Costs by registered configuration  Entities must submit for any configuration that meets the RUC trigger  Split Generation Resources may submit individually or through a Management QSE SGR’s may submit by set percentages that may differ from percentage of ownership ERCOT may require all owners of SGR’s to submit costs if the assignment of cost to the unit cannot be verified

12. Non-consensus Items  Power Purchase Agreements, arguments for and against included, but not limited to: Entities represented that PPA’s are a realized cost to the QSE to operate the resource in ERCOT and should be included in the VC Process Other Markets do include these elements as a form of Verifiable Costs Entities opposed indicated the difficulty in managing and verifying that these are true incremental costs Concerns expressed in having PPA’s set up to raise cost levels  No consensus from the Sub-group; however, we have encouraged the supporters of including PPA’s to continue discussions with WMS and/or TPTF

13. Next Steps  Decision on Emissions rate using Index or Historical  Definition of “Exceptional Events” and defining a cost recovery process  Work with ERCOT Staff to develop an implementation plan  NPRR’s needed to clarify issues vetted and resolved in the VC Sub-group  Final Report to TPTF and WMS  Any additional “To Do’s” for the VC Sub-group

14. Questions